In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter?
Nova Scotia, Canada
The following excerpt is from Westhaver v Swinemar, 2017 NSCA 16 (CanLII):
This Court has consistently stressed the need to show deference to application judges in family law matters. In the absence of some error of law, misapprehension of the evidence or an award that is so clearly wrong on the facts, we will not intervene. Judges must be given considerable deference by appellate courts when their decisions are reviewed (Hickey v. Hickey, 1999 CanLII 691 (SCC), [1999] 2 S.C.R. 518, ¶10-12).
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